96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3554


 
Introduced 2/24/2009, by Rep. Tom Cross - Dave Winters
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Election Code.  Makes a technical change in a Section concerning vacancies in the General Assembly.
















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A BILL FOR









 











HB3554

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    AN ACT concerning elections.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Election Code is amended  by changing Section 
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25-6 as follows:
 



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



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

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committee shall declare that a vacancy exists and notification 
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thereof shall
be given to the State Board of Elections, the 
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Secretary of State, and the
Clerk of the House of 
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Representatives or the Secretary of the Senate,
whichever is 
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appropriate, within 3 days of the occurrence of the vacancy.

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    (b) When a vacancy occurs in the office of a legislator 
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elected
other than as a candidate of a political party, the 
 


 






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vacancy shall be
filled within 30 days of such occurrence by 
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appointment of the Governor.
The appointee shall not be a 
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member of a political party, and shall be
otherwise eligible to 
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serve as a member of the General Assembly.
Provided, however, 
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the appropriate body of the General Assembly may, by

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

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

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

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appointment to the office of ward, township, precinct or state 
 


 






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central
committeeman.

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

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

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

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

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remainder of the term, except that, if the appointment is to 
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fill a
vacancy in the office of State Senator and the vacancy 
 


 






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occurs with more
than 28 months remaining in the term, the term 
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of the
appointment shall expire at the time of
the next general 
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election at which time a
Senator shall be elected for a new 
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term commencing on the determination
of the results of the 
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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 
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been appointed to fill a vacancy and
was thereafter elected to 
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that office, the term of service under the
authority of the 
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election shall
be considered a new term of service, separate 
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from the term of service
rendered under the authority of the 
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appointment.

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(Source: P.A. 85-958.)