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.



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A BILL FOR
 


HB3420LRB100 10482 MLM 20695 b



1 AN ACT concerning elections.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Election Code is amended by changing Section 
525-6 and by adding Section 25-6.5 as follows:




6 (10 ILCS 5/25-6) (from Ch. 46, par. 25-6)



7 Sec. 25-6. 
(a) (Blank). When a vacancy occurs in the office 
8of State Senator or
Representative in the General Assembly, the 
9vacancy shall be filled within
30 days by appointment of the 
10legislative or representative committee of
that legislative or 
11representative district of the political
party of which the 
12incumbent was a candidate at the time of his
election. The 
13appointee shall be a member of the same political party as
the 
14person he succeeds was at the time of his election, and shall 
15be
otherwise eligible to serve as a member of the General 
16Assembly.


17 (b) When a vacancy occurs in the office of a legislator 
18elected
other than as a candidate of a political party, the 
19vacancy shall be
filled within 30 days of such occurrence by 
20appointment of the Governor.
The appointee shall not be a 
21member of a political party, and shall be
otherwise eligible to 
22serve as a member of the General Assembly.
Provided, however, 
23the appropriate body of the General Assembly may, by

 
 
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1resolution, allow a legislator elected other than as a 
2candidate of a
political party to affiliate with a political 
3party for his term of
office in the General Assembly. A vacancy 
4occurring in the office of any
such legislator who affiliates 
5with a political party pursuant to
resolution shall be filled 
6within 30 days of such occurrence by
appointment of the 
7appropriate legislative or representative
committee of that 
8legislative or representative district of the political
party 
9with which the legislator so affiliates. The appointee shall be 
10a
member of the political party with which the incumbent 
11affiliated.

12 (c) For purposes of this Section, a person is a member of a

13political party for 23 months after (i) signing a candidate 
14petition, as
to the political party whose nomination is sought; 
15(ii) signing a
statement of candidacy, as to the political 
16party where nomination or
election is sought; (iii) signing a 
17Petition of Political Party
Formation, as to the proposed 
18political party; (iv) applying for and
receiving a primary 
19ballot, as to the political party whose ballot is
received; or 
20(v) becoming a candidate for election to or accepting

21appointment to the office of ward, township, precinct or state 
22central
committeeman.

23 (d) In making appointments under this Section, each 
24committeeman of
the appropriate legislative or representative 
25committee
shall be entitled to one vote for each vote that was 
26received, in that
portion of the legislative or representative 
 
 
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1district which he represents
on the committee, by the Senator 
2or Representative whose seat is vacant at the
general election 
3at which that legislator was elected to the seat which
has been 
4vacated and a majority of the total number of votes received in

5such election by the Senator or Representative whose seat is 
6vacant is
required for the appointment of his successor; 
7provided,
however, that in making appointments in legislative 
8or representative
districts comprising only one county or part 
9of a county
other than a county containing 2,000,000 or more 
10inhabitants, each
committeeman shall be entitled to cast only 
11one vote.

12 (e) Appointments made under this Section shall be in 
13writing
and shall be signed by members of the legislative or 
14representative committee
whose total votes are sufficient to 
15make the appointments or by the
Governor, as the case may be. 
16Such appointments shall be filed with the
Secretary of State 
17and with the Clerk of the House of Representatives or
the 
18Secretary of the Senate, whichever is appropriate.

19 (f) An appointment made under this Section shall be for the

20remainder of the term, except that, if the appointment is to 
21fill a
vacancy in the office of State Senator and the vacancy 
22occurs with more
than 28 months remaining in the term, the term 
23of the
appointment shall expire at the time of
the next general 
24election at which time a
Senator shall be elected for a new 
25term commencing on the determination
of the results of the 
26election and ending on the second Wednesday of
January in the 
 
 
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1second odd-numbered year next occurring. Whenever a
Senator has 
2been appointed to fill a vacancy and
was thereafter elected to 
3that office, the term of service under the
authority of the 
4election shall
be considered a new term of service, separate 
5from the term of service
rendered under the authority of the 
6appointment.

7(Source: P.A. 97-81, eff. 7-5-11.)


8 (10 ILCS 5/25-6.5 new)
9 Sec. 25-6.5. Special elections. Notwithstanding any 
10provision of law to the contrary, a vacancy in the office of 
11State Senator or Representative in the General Assembly that 
12occurs more than 6 months before expiration of the term of that 
13office shall be filled at a special election if the annual 
14compensation for that office is more than $21,000. The special 
15election shall be held 2 months after the date the vacancy 
16occurred. Candidates for the office must file nominating 
17petitions within 30 days after the date the vacancy occurred. 
18The office shall be filled by the candidate who receives the 
19greatest number of votes at the special election. That 
20candidate shall take office as soon as he or she receives 
21certification of the election results and shall serve the 
22remainder of the vacated term.