Public Act 098-1170
 
HB4576 EnrolledLRB098 18016 OMW 53143 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Election Code is amended by adding Section
7-68 and changing Section 25-5 as follows:
 
    (10 ILCS 5/7-68 new)
    Sec. 7-68. Nominations for special election for Attorney
General, Secretary of State, Comptroller, or Treasurer.
    (a) Whenever a special election for the office of Attorney
General, Secretary of State, Comptroller, or Treasurer is to be
held pursuant to Section 25-5 of this Code, nominations shall
be made and any vacancy in nomination shall be filled pursuant
to this Section.
        (1) If the vacancy in office or failure to qualify for
    the office occurs before the first date provided in Section
    7-12 for filing nomination papers for the primary in the
    next even-numbered year following the commencement of the
    term, the nominations for the special election shall be
    made as otherwise provided in this Article 7. The
    nomination for the office to be filled by special election
    shall appear on the regular ballot at the primary election,
    and shall not require the use of a separate ballot.
        (2) If the vacancy in office or failure to qualify
    occurs on or after the first day provided in Section 7-12
    for filing nomination papers for the primary in the next
    even-numbered year following the commencement of the term,
    a vacancy in nomination shall be deemed to have occurred
    and the State central committee of each established
    political party shall nominate, by resolution, a candidate
    to fill such vacancy in nomination for the election to such
    office at such general election.
        The resolution to fill the vacancy in nomination shall
    include the following information:
            (A) the names of the original office holder and the
        office;
            (B) the date on which the vacancy in nomination
        occurred;
            (C) the name and address of the nominee selected to
        fill the vacancy in nomination and the date of
        selection.
        The resolution to fill the vacancy in nomination shall
    be accompanied by a Statement of Candidacy, as prescribed
    in Section 7-10, completed by the selected nominee and a
    receipt indicating that such nominee has filed a statement
    of economic interests as required by the Illinois
    Governmental Ethics Act.
    (b) Any vacancy in nomination occurring on or after the
primary and prior to certification must be filled prior to the
date of certification. Any vacancy in nomination occurring
after certification but prior to 15 days before the general
election shall be filled within 8 days after the event creating
the vacancy in nomination.
    (c) The provisions of Sections 10-8 through 10-10.1
relating to objections to nomination papers, hearings on
objections and judicial review, shall also apply to and govern
objections to nomination papers and resolutions for filling
vacancies in nomination filed pursuant to this Section.
    (d) Unless otherwise specified herein, the nomination and
special election provided for in this Section shall be governed
by this Code.
 
    (10 ILCS 5/25-5)  (from Ch. 46, par. 25-5)
    Sec. 25-5. In accordance with Section 7 of Article V of the
Illinois Constitution of 1970, if the Attorney General,
Secretary of State, Comptroller, or Treasurer fails to qualify,
or if his or her office becomes vacant, the Governor shall fill
the office by appointment. If there are 28 months or less
remaining in the term at the time of the vacancy or failure to
qualify, the appointed officer shall serve for the remainder of
the term. If there are more than 28 months remaining in the
term at the time of the vacancy or failure to qualify, the
office shall be filled by a special election to be held at the
next general election. In the case of a special election
pursuant to this Section, the appointed officer shall serve
until the election results are certified and the person elected
at the special election is qualified. Nominations shall be made
in accordance with Section 7-68 of this Code. For purposes of
this Section, a special election shall not be held if the
person elected to the office failed to qualify for a period of
less than 30 calendar days. The office to be filled by special
election shall appear on the regular ballot at the general
election, and shall not require the use of a separate ballot.
When a vacancy shall occur in the office of Secretary of State,
State Comptroller, Treasurer or Attorney General, the Governor
shall fill the same by appointment, and the appointee shall
hold his office during the remainder of the term, and until his
successor is elected and qualified.
(Source: P.A. 78-592.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.