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.