HB3607 97TH GENERAL ASSEMBLY

LRB097 08945 HLH 49078 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3607

Introduced 2/24/2011, by Rep. Sidney H. Mathias - Sandra M. Pihos - Renée Kosel - David Harris - Jil Tracy, et al.

SYNOPSIS AS INTRODUCED:

10 ILCS 5/2A-1	from Ch. 46, par. 2A-1
10 ILCS 5/2A-3	from Ch. 46, par. 2A-3
10 ILCS 5/25-8	from Ch. 46, par. 25-8

Amends the Election Code. With respect to vacancies in the office of United States Senator from Illinois, provides that: (i) a vacancy occurring more than 180 days before the next regularly scheduled election to fill that seat shall remain vacant until filled at a special election; and (ii) a vacancy occurring 180 or fewer days before the next regularly scheduled election to fill that seat shall be filled by temporary appointment by the Governor until the conclusion of the vacant term (now, whenever a vacancy occurs it is filled by temporary appointment by the Governor until the next election of United States Representatives).

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 2A-1, 2A-3, and 25-8 as follows:

(10 ILCS 5/2A-1) (from Ch. 46, par. 2A-1)

(Text of Section WITH the changes made by P.A. 89-719, which has been held unconstitutional)

Sec. 2A-1. All Elections - Governed by this Code - Construction of Article 2A.

(a) No public question may be submitted to any voters in this State, nor may any person be nominated for public office or elected to public or political party office in this State except pursuant to this Code, notwithstanding the provisions of any other statute or municipal charter. However, this Code shall not apply to elections for officers or public questions of local school councils established pursuant to Chapter 34 of the School Code, soil and water conservation districts or drainage districts, except as specifically made applicable by another statute.

(b) All elections in this State shall be held in accordance with the consolidated schedule of elections established in Sections 2A-1.1 and 2A-1.2. No election may be held on any date other than a date on which an election is scheduled under Section 2A-1.1, except special elections pursuant to Section 25-8, special elections to fill congressional vacancies held pursuant to writs of election issued by the Governor, judicial elections to fill vacancies in the office of Supreme Court Judge held pursuant to writs of election issued by the Governor under subsection (a-5) of Section 2A-9, township referenda and votes of the town electors held at the annual town meeting, emergency referenda approved pursuant to Section 2A-1.4, special elections held between January 1, 1995 and July 1, 1995 under Section 34-53 of the School Code, and city, village or incorporated town primary elections in even-numbered years expressly authorized in this Article to provide for annual partisan elections.

(c) At the respective elections established in Section 2A-1.1, candidates shall be elected to office, nominated for election thereto or placed on the ballot as otherwise required by this Code, and public questions may be submitted, as specified in Section 2A-1.2.

(d) If the requirements of Section 2A-1.2 conflict with any specific provision of Sections 2A-2 through 2A-54, as applied to any office or election, the requirements of Section 2A-1.2 prevail, and shall be enforced by the State Board of Elections.

(e) In the event any court of competent jurisdiction declares an election void, the court may order another election without regard to the schedule of elections set forth in this Article.

(Source: P.A. 89-719, eff. 3-7-97.)

(Text of Section WITHOUT the changes made by P.A. 89-719, which has been held unconstitutional)

Sec. 2A-1. All Elections - Governed by this Code - Construction of Article 2A.

(a) No public question may be submitted to any voters in this State, nor may any person be nominated for public office or elected to public or political party office in this State except pursuant to this Code, notwithstanding the provisions of any other statute or municipal charter. However, this Code shall not apply to elections for officers or public questions of local school councils established pursuant to Chapter 34 of the School Code, soil and water conservation districts or drainage districts, except as specifically made applicable by another statute.

(b) All elections in this State shall be held in accordance with the consolidated schedule of elections established in Sections 2A-1.1 and 2A-1.2. No election may be held on any date other than a date on which an election is scheduled under Section 2A-1.1, except special elections pursuant to Section 25-8, special elections to fill congressional vacancies held pursuant to writs of election issued by the Governor, township referenda and votes of the town electors held at the annual town meeting, emergency referenda approved pursuant to Section 2A-1.4, special elections held between January 1, 1995 and July 1, 1995 under Section 34-53 of the School Code, and city, village or incorporated town primary elections in even-numbered years expressly authorized in this Article to provide for annual partisan elections.

(c) At the respective elections established in Section 2A-1.1, candidates shall be elected to office, nominated for election thereto or placed on the ballot as otherwise required by this Code, and public questions may be submitted, as specified in Section 2A-1.2.

(d) If the requirements of Section 2A-1.2 conflict with any specific provision of Sections 2A-2 through 2A-54, as applied to any office or election, the requirements of Section 2A-1.2 prevail, and shall be enforced by the State Board of Elections.

(e) In the event any court of competent jurisdiction declares an election void, the court may order another election without regard to the schedule of elections set forth in this Article.

(Source: P.A. 88-511.)

(10 ILCS 5/2A-3) (from Ch. 46, par. 2A-3)

Sec. 2A-3. United States Senator - Time of Election. A United States Senator shall be elected at the general election immediately preceding the expiration of the term of an incumbent United States Senator from this State. A vacancy in the office of United States Senator shall be filled as provided in Section 25-8.

(Source: P.A. 80-936.)

(10 ILCS 5/25-8) (from Ch. 46, par. 25-8)

Sec. 25-8. Vacancy in the office of United States Senator.

(a) When a vacancy shall occur in the office of United States Senator from this state 180 or fewer days before the next regularly scheduled election at which that United States Senate seat is scheduled to be filled by election, the Governor shall make temporary appointment to fill such vacancy until the next election of representatives in Congress, at which time such vacancy shall be filled by election, and the senator so elected shall take office as soon thereafter as he shall receive his certificate of election. The temporary appointment shall expire upon conclusion of the term of the vacant office of United States Senator.

(b) When a vacancy in the office of United States Senator from this State occurs more than 180 days before the next regularly scheduled election at which that United States Senate seat is scheduled to be filled by election, the office shall remain vacant until it is filled by election at a special election. The Governor, in consultation with the State Board of Elections, shall issue writs of election within 5 days after the occurrence of that vacancy, appointing (i) a day within 115 days to hold a special election to fill the vacancy and (ii) a day to hold a special primary election for the nomination of candidates by established political parties to fill the vacancy.

(c) The Senator elected pursuant to this Section shall take office as soon as he or she shall receive his or her certificate of election.

(Source: Laws 1943, vol. 2, p. 1.)