Bill Text: IL HB1774 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB1774 Detail]

Download: Illinois-2021-HB1774-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB1774 Introduced , 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.
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A BILL FOR
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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 7-61 as follows:
(10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
Sec. 7-61. Whenever a special election is necessary the
provisions of this Article are applicable to the nomination of
candidates to be voted for at such special election.
In cases where a primary election is required the officer
or board or commission whose duty it is under the provisions of
this Act relating to general elections to call an election,
shall fix a date for the primary for the nomination of
candidates to be voted for at such special election. Notice of
such primary shall be given at least 15 days prior to the
maximum time provided for the filing of petitions for such a
primary as provided in Section 7-12.
Any vacancy in nomination under the provisions of this
Article 7, including a vacancy in nomination occurring on or
after a caucus held pursuant to Article 45 of the Township
Code, occurring on or after the primary or caucus and prior to
certification of candidates by the certifying board or
officer, must be filled prior to the date of certification.

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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. The
resolution filling the vacancy shall be sent by U. S. mail or
personal delivery to the certifying officer or board within 3
days of the action by which the vacancy was filled; provided,
if such resolution is sent by mail and the U. S. postmark on
the envelope containing such resolution is dated prior to the
expiration of such 3 day limit, the resolution shall be deemed
filed within such 3 day limit. Failure to so transmit the
resolution within the time specified in this Section shall
authorize the certifying officer or board to certify the
original candidate. Vacancies shall be filled by the officers
of a local municipal or township political party as specified
in subsection (h) of Section 7-8, other than a statewide
political party, that is established only within a
municipality or township and the managing committee (or
legislative committee in case of a candidate for State Senator
or representative committee in the case of a candidate for
State Representative in the General Assembly or State central
committee in the case of a candidate for statewide office,
including but not limited to the office of United States
Senator) of the respective political party for the territorial
area in which such vacancy occurs.
The resolution to fill a vacancy in nomination shall be
duly acknowledged before an officer qualified to take

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acknowledgements of deeds and shall include, upon its face,
the following information:
(a) the name of the original nominee and the office
vacated;
(b) the date on which the vacancy occurred;
(c) the name and address of the nominee selected to fill
the vacancy and the date of selection.
The resolution to fill a 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.
The provisions of Section 10-8 through 10-10.1 relating to
objections to certificates of nomination and nomination
papers, hearings on objections, and judicial review, shall
apply to and govern objections to resolutions for filling a
vacancy in nomination.
Any vacancy in nomination occurring 15 days or less before
the consolidated election or the general election shall not be
filled. In this event, the certification of the original
candidate shall stand and his or her name shall appear on the
official ballot to be voted at the general election.
A vacancy in nomination occurs when a candidate who has
been nominated under the provisions of this Article 7 dies
before the election (whether death occurs prior to, on or
after the day of the primary), or declines the nomination;

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

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A candidate for whom a nomination paper has been filed as a
partisan candidate at a primary election, and who is defeated
for his or her nomination at such primary election, is
ineligible to be listed on the ballot at that general or
consolidated election as a candidate of another political
party.
A candidate seeking election to an office for which
candidates of political parties are nominated by caucus who is
a participant in the caucus and who is defeated for his or her
nomination at such caucus, is ineligible to be listed on the
ballot at that general or consolidated election as a candidate
of another political party.
In the proceedings to nominate a candidate to fill a
vacancy or to fill a vacancy in the nomination, each precinct,
township, ward, county or congressional district, as the case
may be, shall through its representative on such central or
managing committee, be entitled to one vote for each ballot
voted in such precinct, township, ward, county or
congressional district, as the case may be, by the primary
electors of its party at the primary election immediately
preceding the meeting at which such vacancy is to be filled.
For purposes of this Section, the words "certify" and
"certification" shall refer to the act of officially declaring
the names of candidates entitled to be printed upon the
official ballot at an election and directing election
authorities to place the names of such candidates upon the

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