Bill Text: IL HB2456 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that, if a vacancy in nomination occurs as a result of a failure to nominate a candidate at the general primary election, the vacancy shall be filled only by a person nominated (now, designated) by the appropriate committee of the political party. Provides that the person nominated to fill the vacancy shall file his or her nominating petitions and other required documents, including the committee's resolution to fill a vacancy in nomination (now, notice of appointment), on or before the 75th day following the date of the general primary election (now, there is no time limit on filing the petitions and other documents). Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2456 Detail]

Download: Illinois-2013-HB2456-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB2456 Introduced , by Rep. Mike Fortner SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-61 from Ch. 46, par. 7-61
10 ILCS 5/8-17 from Ch. 46, par. 8-17
Amends the Election Code. Provides that, if a vacancy in nomination occurs as a result of a failure to nominate a candidate at the general primary election, the vacancy shall be filled only by a person nominated (now, designated) by the appropriate committee of the political party. Provides that the person nominated to fill the vacancy shall file his or her nominating petitions and other required documents, including the committee's resolution to fill a vacancy in nomination (now, notice of appointment), on or before the 75th day following the date of the general primary election (now, there is no time limit on filing the petitions and other documents). Effective immediately.
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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
Sections 7-61 and 8-17 as follows:
(10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
Sec. 7-61.
(a) 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.
(b) 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.
(c) The provisions of this subsection (c) and subsections
(d) through (i) shall not apply to a situation where a vacancy
in nomination occurred as a result of a failure to nominate a
candidate at the general primary election. A Any vacancy in
nomination under the provisions of this Article 7 occurring on

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or after the primary and prior to certification of candidates
by the certifying board or officer, 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. 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.

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(d) The resolution to fill a vacancy in nomination shall be
duly acknowledged before an officer qualified to take
acknowledgements of deeds and shall include, upon its face, the
following information:
(i) (a) the name of the original nominee and the office
vacated;
(ii) (b) the date on which the vacancy occurred;
(iii) (c) the name and address of the nominee selected
to fill the vacancy and the date of selection.
(e) 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.
(f) 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.
(g) 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 name shall appear on the official
ballot to be voted at the general election.
(h) A vacancy in nomination occurs when a candidate who has
been nominated under the provisions of this Article 7 dies

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before the election (whether death occurs prior to, on or after
the day of the primary), or declines the nomination; provided
that nominations may become vacant for other reasons.
(i) 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 prior to the date of certification for the consolidated
election as provided in Section 7-60.1.
(j) The provisions of this subsection (j) shall only apply
in situations where a vacancy in nomination has occurred as a
result of a failure to nominate a candidate at the general
primary election due to the fact that If the name of no
established political party candidate was printed on the
general primary ballot for a particular office and that if no
person was nominated as a write-in candidate for such office.
In such situations, a vacancy in nomination shall be filled
only by a person nominated 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 nominates designates that person. The
person shall file his or her nominating petitions, statements

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of candidacy, resolution to fill a vacancy in nomination notice
of appointment by the appropriate committee, and receipt of
filing his or her statement of economic interests together on
or before the 75th day following the date of the general
primary election. 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. For purposes of this Section, the
appropriate committees of the political parties shall be those
committees listed in Section 7-7 of this Code and the
legislative committee for the office of State senator and the
representative committee for the office of State
representative, established by Section 8-5 of this Code.
Nominations to fill vacancies by the appropriate committees
shall be in accordance with the provisions of Sections 7-8,
7-8.01, and 7-8.02 and, for vacancies in the office of State
senator or State representative, shall be in accordance with
Sections 8-6 and 8-17.1.
(k) 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.

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(l) 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.
(m) 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.
(n) 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
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.

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(Source: P.A. 96-809, eff. 1-1-10; 96-848, eff. 1-1-10.)
(10 ILCS 5/8-17) (from Ch. 46, par. 8-17)
Sec. 8-17. The death of any candidate prior to, or on, the
date of the primary shall not affect the canvass of the
ballots. If the result of such canvass discloses that such
candidate, if he had lived, would have been nominated, such
candidate shall be declared nominated.
In the event that a candidate of a party who has been
nominated under the provisions of this Article shall die before
election (whether death occurs prior to, or on, or after, the
date of the primary) or decline the nomination or should the
nomination for any other reason become vacant, the legislative
or representative committee of such party for such district
shall nominate a candidate of such party to fill such vacancy.
However, if there was no candidate for the nomination of the
party in the primary, no candidate of that party for that
office may be listed on the ballot at the general election,
unless the legislative or representative committee of the party
nominates a candidate to fill the vacancy in nomination and
such candidate complies with the provisions of subsection (j)
of Section 7-61 of this Code within 75 days after the date of
the general primary election. All other vacancies Vacancies in
nomination occurring under this Article shall be filled by the
appropriate legislative or representative committee in
accordance with the provisions of Section 7-61 of this Code. In

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proceedings to fill the vacancy in nomination, including
vacancies occurring for failure to nominate at the primary, the
voting strength of the members of the legislative or
representative committee shall be as provided in Section 8-6.
(Source: P.A. 96-1008, eff. 7-6-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.