Bill Text: IL HB3420 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that a vacancy in the office of State Senator or Representative in the General Assembly shall be filled at a special election if more than 6 months remain of the term of office and if the annual compensation for that office exceeds $21,000. Requires that the election be held 2 months after the vacancy occurs and that candidate petitions be filed within 30 days after the vacancy occurs.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3420 Detail]

Download: Illinois-2017-HB3420-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB3420 Introduced , by Rep. Thomas Morrison SYNOPSIS AS INTRODUCED:
10 ILCS 5/25-6 from Ch. 46, par. 25-6
10 ILCS 5/25-6.5 new
Amends the Election Code. Provides that a vacancy in the office of State Senator or Representative in the General Assembly shall be filled at a special election if more than 6 months remain of the term of office and if the annual compensation for that office exceeds $21,000. Requires that the election be held 2 months after the vacancy occurs and that candidate petitions be filed within 30 days after the vacancy occurs.
LRB100 10482 MLM 20695 b
A BILL FOR
HB3420 LRB100 10482 MLM 20695 b
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
25-6 and by adding Section 25-6.5 as follows:
(10 ILCS 5/25-6) (from Ch. 46, par. 25-6)
Sec. 25-6. (a) (Blank). When a vacancy occurs in the office
of State Senator or Representative in the General Assembly, the
vacancy shall be filled within 30 days by appointment of the
legislative or representative committee of that legislative or
representative district of the political party of which the
incumbent was a candidate at the time of his election. The
appointee shall be a member of the same political party as the
person he succeeds was at the time of his election, and shall
be otherwise eligible to serve as a member of the General
Assembly.
(b) When a vacancy occurs in the office of a legislator
elected other than as a candidate of a political party, the
vacancy shall be filled within 30 days of such occurrence by
appointment of the Governor. The appointee shall not be a
member of a political party, and shall be otherwise eligible to
serve as a member of the General Assembly. Provided, however,
the appropriate body of the General Assembly may, by

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resolution, allow a legislator elected other than as a
candidate of a political party to affiliate with a political
party for his term of office in the General Assembly. A vacancy
occurring in the office of any such legislator who affiliates
with a political party pursuant to resolution shall be filled
within 30 days of such occurrence by appointment of the
appropriate legislative or representative committee of that
legislative or representative district of the political party
with which the legislator so affiliates. The appointee shall be
a member of the political party with which the incumbent
affiliated.
(c) For purposes of this Section, a person is a member of a
political party for 23 months after (i) signing a candidate
petition, as to the political party whose nomination is sought;
(ii) signing a statement of candidacy, as to the political
party where nomination or election is sought; (iii) signing a
Petition of Political Party Formation, as to the proposed
political party; (iv) applying for and receiving a primary
ballot, as to the political party whose ballot is received; or
(v) becoming a candidate for election to or accepting
appointment to the office of ward, township, precinct or state
central committeeman.
(d) In making appointments under this Section, each
committeeman of the appropriate legislative or representative
committee shall be entitled to one vote for each vote that was
received, in that portion of the legislative or representative

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district which he represents on the committee, by the Senator
or Representative whose seat is vacant at the general election
at which that legislator was elected to the seat which has been
vacated and a majority of the total number of votes received in
such election by the Senator or Representative whose seat is
vacant is required for the appointment of his successor;
provided, however, that in making appointments in legislative
or representative districts comprising only one county or part
of a county other than a county containing 2,000,000 or more
inhabitants, each committeeman shall be entitled to cast only
one vote.
(e) Appointments made under this Section shall be in
writing and shall be signed by members of the legislative or
representative committee whose total votes are sufficient to
make the appointments or by the Governor, as the case may be.
Such appointments shall be filed with the Secretary of State
and with the Clerk of the House of Representatives or the
Secretary of the Senate, whichever is appropriate.
(f) An appointment made under this Section shall be for the
remainder of the term, except that, if the appointment is to
fill a vacancy in the office of State Senator and the vacancy
occurs with more than 28 months remaining in the term, the term
of the appointment shall expire at the time of the next general
election at which time a Senator shall be elected for a new
term commencing on the determination of the results of the
election and ending on the second Wednesday of January in the

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second odd-numbered year next occurring. Whenever a Senator has
been appointed to fill a vacancy and was thereafter elected to
that office, the term of service under the authority of the
election shall be considered a new term of service, separate
from the term of service rendered under the authority of the
appointment.
(Source: P.A. 97-81, eff. 7-5-11.)
(10 ILCS 5/25-6.5 new)
Sec. 25-6.5. Special elections. Notwithstanding any
provision of law to the contrary, a vacancy in the office of
State Senator or Representative in the General Assembly that
occurs more than 6 months before expiration of the term of that
office shall be filled at a special election if the annual
compensation for that office is more than $21,000. The special
election shall be held 2 months after the date the vacancy
occurred. Candidates for the office must file nominating
petitions within 30 days after the date the vacancy occurred.
The office shall be filled by the candidate who receives the
greatest number of votes at the special election. That
candidate shall take office as soon as he or she receives
certification of the election results and shall serve the
remainder of the vacated term.