Bill Text: IL SB1487 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Statute on Statutes. Includes a resolution filling a vacancy in office and a declaration of intent to be a write-in candidate as documents that shall not be considered filed until they are received by the election authority. Amends the Election Code. Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB1487 Detail]

Download: Illinois-2017-SB1487-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB1487 Introduced 2/9/2017, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED:
5 ILCS 70/1.25 from Ch. 1, par. 1026
10 ILCS 5/7-61 from Ch. 46, par. 7-61
Amends the Statute on Statutes. Includes a resolution filling a vacancy in office and a declaration of intent to be a write-in candidate as documents shall not (rather than may) be considered filed until it is received by the election authority. Amends the Election Code. Makes conforming changes. Effective immediately.
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A BILL FOR
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AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Statute on Statutes is amended by changing
Section 1.25 as follows:
(5 ILCS 70/1.25) (from Ch. 1, par. 1026)
Sec. 1.25. Unless an Act otherwise specifically provides,
any writing of any kind or description required or authorized
to be filed with, and any payment of any kind or description
required or authorized to be paid to, the State or any
political subdivision thereof, by the laws of this State:
(1) if transmitted through the United States mail,
shall be deemed filed with or received by the State or
political subdivision on the date shown by the post office
cancellation mark stamped upon the envelope or other
wrapper containing it;
(2) if mailed but not received by the State or
political subdivision, or if received but without a
cancellation mark or with the cancellation mark illegible
or erroneous, shall be deemed filed with or received by the
State or political subdivision to which it was required or
authorized to be directed on the date it was mailed, but
only if the sender establishes by competent evidence that

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the writing or payment was deposited, properly addressed,
in the United States mail on or before the date on which it
was required or authorized to be filed or was due. In cases
in which the writing or payment was mailed but not
received, the sender must also file with, or pay to, the
State or political subdivision to which the writing or
payment was required or authorized to be directed, a
duplicate writing or payment within 30 days after written
notification is given to the person claiming to have sent
the writing or payment, by the State or political
subdivision to which the writing or payment was required or
authorized to be sent, of its non-receipt of the writing or
payment.
If a writing or payment is sent by United States registered
mail, certified mail or certificate of mailing, a record
authenticated by the United States Post Office of such
registration, certification or certificate shall be considered
competent evidence that the writing or payment was mailed. The
date of registration, certification or certificate shall be
deemed the postmarked date.
Notwithstanding any other provision of law, neither a
petition for nomination as a candidate for political office, a
resolution filling a vacancy in office, a declaration of intent
to be a write-in candidate, or nor a petition to submit a
public question to be voted upon by the electors of the State
or of any political subdivision or district shall not may be

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considered filed until it is received by the political
subdivision, election authority, or the State Board of
Elections, as applicable.
(Source: P.A. 97-81, eff. 7-5-11.)
Section 10. The Election Code is amended by changing
Section 7-61 as follows:
(10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
Sec. 7-61. Whenever a special election is necessary the
provisions of this Article are applicable to the nomination of
candidates to be voted for at such special election.
In cases where a primary election is required the officer
or board or commission whose duty it is under the provisions of
this Act relating to general elections to call an election,
shall fix a date for the primary for the nomination of
candidates to be voted for at such special election. Notice of
such primary shall be given at least 15 days prior to the
maximum time provided for the filing of petitions for such a
primary as provided in Section 7-12.
Any vacancy in nomination under the provisions of this
Article 7 occurring on or after the primary and prior to
certification of candidates by the certifying board or officer,
must be filled prior to the date of certification. Any vacancy
in nomination occurring after certification but prior to 15
days before the general election shall be filled within 8 days

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after the event creating the vacancy. The resolution filling
the vacancy shall be filed with sent by U. S. mail or personal
delivery to the certifying officer or board within 3 days of
the action by which the vacancy was filled; provided, if such
resolution is sent by mail and the U. S. postmark on the
envelope containing such resolution is dated prior to the
expiration of such 3 day limit, the resolution shall be deemed
filed within such 3 day limit. Failure to so transmit the
resolution within the time specified in this Section shall
authorize the certifying officer or board to certify the
original candidate. Vacancies shall be filled by the officers
of a local municipal or township political party as specified
in subsection (h) of Section 7-8, other than a statewide
political party, that is established only within a municipality
or township and the managing committee (or legislative
committee in case of a candidate for State Senator or
representative committee in the case of a candidate for State
Representative in the General Assembly or State central
committee in the case of a candidate for statewide office,
including but not limited to the office of United States
Senator) of the respective political party for the territorial
area in which such vacancy occurs.
The resolution to fill a vacancy in nomination shall be
duly acknowledged before an officer qualified to take
acknowledgements of deeds and shall include, upon its face, the
following information:

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(a) the name of the original nominee and the office
vacated;
(b) the date on which the vacancy occurred;
(c) the name and address of the nominee selected to fill
the vacancy and the date of selection.
The resolution to fill a vacancy in nomination shall be
accompanied by a Statement of Candidacy, as prescribed in
Section 7-10, completed by the selected nominee and a receipt
indicating that such nominee has filed a statement of economic
interests as required by the Illinois Governmental Ethics Act.
The provisions of Section 10-8 through 10-10.1 relating to
objections to certificates of nomination and nomination
papers, hearings on objections, and judicial review, shall
apply to and govern objections to resolutions for filling a
vacancy in nomination.
Any vacancy in nomination occurring 15 days or less before
the consolidated election or the general election shall not be
filled. In this event, the certification of the original
candidate shall stand and his name shall appear on the official
ballot to be voted at the general election.
A vacancy in nomination occurs when a candidate who has
been nominated under the provisions of this Article 7 dies
before the election (whether death occurs prior to, on or after
the day of the primary), or declines the nomination; provided
that nominations may become vacant for other reasons.
If the name of no established political party candidate was

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printed on the consolidated primary ballot for a particular
office and if no person was nominated as a write-in candidate
for such office, a vacancy in nomination shall be created which
may be filled in accordance with the requirements of this
Section. If the name of no established political party
candidate was printed on the general primary ballot for a
particular office and if no person was nominated as a write-in
candidate for such office, a vacancy in nomination shall be
filled only by a person designated by the appropriate committee
of the political party and only if that designated person files
nominating petitions with the number of signatures required for
an established party candidate for that office within 75 days
after the day of the general primary. The circulation period
for those petitions begins on the day the appropriate committee
designates that person. The person shall file his or her
nominating petitions, statements of candidacy, notice of
appointment by the appropriate committee, and receipt of filing
his or her statement of economic interests together. These
documents shall be filed at the same location as provided in
Section 7-12. The electoral boards having jurisdiction under
Section 10-9 to hear and pass upon objections to nominating
petitions also shall hear and pass upon objections to
nomination petitions filed by candidates under this paragraph.
A candidate for whom a nomination paper has been filed as a
partisan candidate at a primary election, and who is defeated
for his or her nomination at such primary election, is

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ineligible to be listed on the ballot at that general or
consolidated election as a candidate of another political
party.
A candidate seeking election to an office for which
candidates of political parties are nominated by caucus who is
a participant in the caucus and who is defeated for his or her
nomination at such caucus, is ineligible to be listed on the
ballot at that general or consolidated election as a candidate
of another political party.
In the proceedings to nominate a candidate to fill a
vacancy or to fill a vacancy in the nomination, each precinct,
township, ward, county or congressional district, as the case
may be, shall through its representative on such central or
managing committee, be entitled to one vote for each ballot
voted in such precinct, township, ward, county or congressional
district, as the case may be, by the primary electors of its
party at the primary election immediately preceding the meeting
at which such vacancy is to be filled.
For purposes of this Section, the words "certify" and
"certification" shall refer to the act of officially declaring
the names of candidates entitled to be printed upon the
official ballot at an election and directing election
authorities to place the names of such candidates upon the
official ballot. "Certifying officers or board" shall refer to
the local election official, election authority or the State
Board of Elections, as the case may be, with whom nomination

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papers, including certificates of nomination and resolutions
to fill vacancies in nomination, are filed and whose duty it is
to "certify" candidates.
(Source: P.A. 96-809, eff. 1-1-10; 96-848, eff. 1-1-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.