Bill Text: IL HB4673 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Election Code. Provides that no judge or former judge may submit his or her candidacy for a vacancy in a judicial office by any method other than seeking retention in his or her office, unless that judge or former judge is seeking judicial office in a higher or lower court or he or she has not served as an elected or appointed judge for at least 2 years.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2016-04-22 - Rule 19(a) / Re-referred to Rules Committee [HB4673 Detail]
Download: Illinois-2015-HB4673-Introduced.html
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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing Section | |||||||||||||||||||
5 | 7A-1 as follows:
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6 | (10 ILCS 5/7A-1) (from Ch. 46, par. 7A-1)
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7 | Sec. 7A-1.
Any Supreme, Appellate or Circuit Judge who has | |||||||||||||||||||
8 | been elected
to that office and who seeks to be retained in | |||||||||||||||||||
9 | that office under subsection
(d) of Section 12 of Article VI of | |||||||||||||||||||
10 | the Constitution shall file a declaration
of candidacy to | |||||||||||||||||||
11 | succeed himself or herself in the office of the Secretary of | |||||||||||||||||||
12 | State
not less than 6 months before the general election | |||||||||||||||||||
13 | preceding
the expiration of his term of office. No judge or | |||||||||||||||||||
14 | former judge may submit his or her candidacy for a vacancy in a | |||||||||||||||||||
15 | judicial office by any method other than seeking retention in | |||||||||||||||||||
16 | his or her office, unless that judge or former judge is seeking | |||||||||||||||||||
17 | judicial office in a higher or lower court or he or she has not | |||||||||||||||||||
18 | served as elected or appointed judge for at least 2 years. | |||||||||||||||||||
19 | Within 3 business days thereafter,
the Secretary of State shall | |||||||||||||||||||
20 | certify to the State Board of Elections the
names of all | |||||||||||||||||||
21 | incumbent judges who were eligible to stand for retention at
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22 | the next general election but failed to timely file a | |||||||||||||||||||
23 | declaration of
candidacy to succeed themselves in office or, |
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1 | having timely filed such a
declaration, withdrew it. The State | ||||||
2 | Board of Elections may rely upon the
certification from the | ||||||
3 | Secretary of State (a) to determine when vacancies
in judicial | ||||||
4 | office exist and (b) to determine the judicial positions for
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5 | which elections will be held. The Secretary of State, not less
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6 | than 63 days before the election, shall certify the Judge's | ||||||
7 | candidacy to
the proper election officials. The names of Judges | ||||||
8 | seeking retention shall
be submitted to the electors, | ||||||
9 | separately and without party designation,
on the sole question | ||||||
10 | whether each Judge shall be retained in office for
another | ||||||
11 | term. The retention elections shall be conducted at general | ||||||
12 | elections
in the appropriate Judicial District, for Supreme and | ||||||
13 | Appellate Judges,
and in the circuit for Circuit Judges. The | ||||||
14 | affirmative vote of three-fifths
of the electors voting on the | ||||||
15 | question shall elect the Judge to the office
for a term | ||||||
16 | commencing on the first Monday in December following his or her | ||||||
17 | election.
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18 | Upon certification of a Judge's candidacy for retention by | ||||||
19 | the Secretary of State, the judicial candidate may file a | ||||||
20 | written request with the Secretary of State for redaction of | ||||||
21 | the judicial candidate's home address information from the | ||||||
22 | candidate's declaration of candidacy for retention. After | ||||||
23 | receipt of the candidate's written request, the Secretary of | ||||||
24 | State shall redact or cause redaction of the judicial | ||||||
25 | candidate's home address from the candidate's declaration of | ||||||
26 | candidacy for retention within 5 business days. For the |
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1 | purposes of this subsection, "home address" has the meaning as | ||||||
2 | defined in Section 1-10 of the Judicial Privacy Act. | ||||||
3 | (Source: P.A. 96-886, eff. 1-1-11; 97-847, eff. 9-22-12 .)
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