Bill Text: IL SB1487 | 2017-2018 | 100th General Assembly | Introduced
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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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 Statute on Statutes is amended by changing | |||||||||||||||||||||
5 | Section 1.25 as follows:
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6 | (5 ILCS 70/1.25) (from Ch. 1, par. 1026)
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7 | Sec. 1.25.
Unless an Act otherwise specifically provides, | |||||||||||||||||||||
8 | any writing of any
kind or description required or authorized | |||||||||||||||||||||
9 | to be filed with, and any
payment of any kind or description | |||||||||||||||||||||
10 | required or authorized to be paid to,
the State or any | |||||||||||||||||||||
11 | political subdivision thereof, by the laws of this
State:
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12 | (1) if transmitted through the United States mail, | |||||||||||||||||||||
13 | shall be deemed
filed with or received by the State or | |||||||||||||||||||||
14 | political subdivision on the date
shown by the post office | |||||||||||||||||||||
15 | cancellation mark stamped upon the envelope or
other | |||||||||||||||||||||
16 | wrapper containing it;
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17 | (2) if mailed but not received by the State or | |||||||||||||||||||||
18 | political
subdivision, or if received but without a | |||||||||||||||||||||
19 | cancellation mark or with the
cancellation mark illegible | |||||||||||||||||||||
20 | or erroneous, shall be deemed filed with or
received by the | |||||||||||||||||||||
21 | State or political subdivision to which it was required
or | |||||||||||||||||||||
22 | authorized to be directed on the date it was mailed, but | |||||||||||||||||||||
23 | only if the
sender establishes by competent evidence that |
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1 | the writing or payment was
deposited, properly addressed, | ||||||
2 | in the United States mail on or before
the date on which it | ||||||
3 | was required or authorized to be filed or was due.
In cases | ||||||
4 | in which the writing or payment was mailed but not | ||||||
5 | received,
the sender must also file with, or pay to, the | ||||||
6 | State or political
subdivision to which the writing or | ||||||
7 | payment was required or authorized
to be directed, a | ||||||
8 | duplicate writing or payment within 30 days after
written | ||||||
9 | notification is given to the person claiming to have sent | ||||||
10 | the
writing or payment, by the State or political | ||||||
11 | subdivision to which the
writing or payment was required or | ||||||
12 | authorized to be sent, of its
non-receipt of the writing or | ||||||
13 | payment.
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14 | If a writing or payment is sent by United States registered | ||||||
15 | mail,
certified mail or certificate of mailing, a record | ||||||
16 | authenticated by the
United States Post Office of such | ||||||
17 | registration, certification or
certificate shall be considered | ||||||
18 | competent evidence that the writing or
payment was mailed. The | ||||||
19 | date of registration, certification or
certificate shall be | ||||||
20 | deemed the postmarked date.
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21 | Notwithstanding any other provision of law, neither a | ||||||
22 | petition for nomination as a candidate for political office , a | ||||||
23 | resolution filling a vacancy in office, a declaration of intent | ||||||
24 | to be a write-in candidate, or nor a petition to submit a | ||||||
25 | public question to be voted upon by the electors of the State | ||||||
26 | or of any political subdivision or district shall not may be |
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1 | considered filed until it is received by the political | ||||||
2 | subdivision, election authority, or the State Board of | ||||||
3 | Elections, as applicable. | ||||||
4 | (Source: P.A. 97-81, eff. 7-5-11 .)
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5 | Section 10. The Election Code is amended by changing | ||||||
6 | Section 7-61 as follows:
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7 | (10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
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8 | Sec. 7-61. Whenever a special election is necessary the | ||||||
9 | provisions of
this Article are applicable to the nomination of | ||||||
10 | candidates to be voted
for at such special election.
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11 | In cases where a primary election is required the officer | ||||||
12 | or board or
commission whose duty it is under the provisions of | ||||||
13 | this Act relating to
general elections to call an election, | ||||||
14 | shall fix a date for the primary
for the nomination of | ||||||
15 | candidates to be voted for at such special
election. Notice of | ||||||
16 | such primary shall be given at least 15 days prior
to the | ||||||
17 | maximum time provided for the filing of petitions for such a
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18 | primary as provided in Section 7-12.
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19 | Any vacancy in nomination under the provisions of this | ||||||
20 | Article 7
occurring on or after the primary and prior to | ||||||
21 | certification of
candidates by the certifying board or officer, | ||||||
22 | must be filled prior to the
date of certification. Any vacancy | ||||||
23 | in nomination occurring after certification
but prior to 15 | ||||||
24 | days before the general election shall be filled within 8 days
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1 | after the event creating the vacancy. The resolution filling | ||||||
2 | the vacancy shall
be filed with sent by U. S. mail or personal | ||||||
3 | delivery to the certifying officer or board
within 3 days of | ||||||
4 | the action by which the vacancy was filled ; provided, if such
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5 | resolution is sent by mail and the U. S. postmark on the | ||||||
6 | envelope containing
such resolution is dated prior to the | ||||||
7 | expiration of such 3 day limit, the
resolution shall be deemed | ||||||
8 | filed within such 3 day limit . Failure to so
transmit the | ||||||
9 | resolution within the time specified in this Section shall
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10 | authorize the certifying officer or board to certify the | ||||||
11 | original candidate.
Vacancies shall be filled by the officers | ||||||
12 | of a local municipal or township
political party as specified | ||||||
13 | in subsection (h) of Section 7-8, other than a
statewide | ||||||
14 | political party, that is established only within a municipality | ||||||
15 | or
township and the managing committee (or legislative | ||||||
16 | committee in case of a
candidate for State Senator or | ||||||
17 | representative committee in the case of a
candidate for State | ||||||
18 | Representative in the General Assembly or State central | ||||||
19 | committee in the case of a candidate for statewide office, | ||||||
20 | including but not limited to the office of United States | ||||||
21 | Senator) of the respective
political party for the territorial | ||||||
22 | area in which such vacancy occurs.
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23 | The resolution to fill a vacancy in nomination shall be | ||||||
24 | duly
acknowledged before an officer qualified to take | ||||||
25 | acknowledgements of deeds
and shall include, upon its face, the | ||||||
26 | following information:
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1 | (a) the name of the original nominee and the office | ||||||
2 | vacated;
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3 | (b) the date on which the vacancy occurred;
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4 | (c) the name and address of the nominee selected to fill | ||||||
5 | the vacancy and
the date of selection.
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6 | The resolution to fill a vacancy in nomination shall be | ||||||
7 | accompanied by a
Statement of Candidacy, as prescribed in | ||||||
8 | Section 7-10, completed by the
selected nominee and a receipt | ||||||
9 | indicating that such nominee has filed a
statement of economic | ||||||
10 | interests as required by the Illinois Governmental
Ethics Act.
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11 | The provisions of Section 10-8 through 10-10.1 relating to | ||||||
12 | objections to
certificates of nomination and nomination | ||||||
13 | papers, hearings on objections,
and judicial review, shall | ||||||
14 | apply to and govern objections to resolutions
for filling a | ||||||
15 | vacancy in nomination.
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16 | Any vacancy in nomination occurring 15 days or less before | ||||||
17 | the consolidated
election or the general election shall not be | ||||||
18 | filled. In this event, the
certification of the original | ||||||
19 | candidate shall stand and his name shall
appear on the official | ||||||
20 | ballot to be voted at the general election.
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21 | A vacancy in nomination occurs when a candidate who has | ||||||
22 | been
nominated under the provisions of this Article 7 dies | ||||||
23 | before the
election (whether death occurs prior to, on or after | ||||||
24 | the day of the
primary), or declines the nomination; provided | ||||||
25 | that nominations may
become vacant for other reasons.
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26 | If the name of no established political party candidate was |
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1 | printed on
the consolidated primary ballot for a particular | ||||||
2 | office
and if no person was nominated as a write-in candidate | ||||||
3 | for such office,
a vacancy in nomination shall be created which | ||||||
4 | may be filled in accordance
with the requirements of this | ||||||
5 | Section. If the name of no established political
party | ||||||
6 | candidate was printed on the general primary ballot for a | ||||||
7 | particular
office and if no person was nominated as a write-in | ||||||
8 | candidate for such office,
a vacancy in nomination shall be | ||||||
9 | filled only by a person designated by the appropriate committee | ||||||
10 | of the political party and only if that designated person files | ||||||
11 | nominating petitions with the number of signatures required for | ||||||
12 | an established party candidate for that office within 75 days | ||||||
13 | after the day of the general primary. The circulation period | ||||||
14 | for those petitions begins on the day the appropriate committee | ||||||
15 | designates that person. The person shall file his or her | ||||||
16 | nominating petitions, statements of candidacy, notice of | ||||||
17 | appointment by the appropriate committee, and receipt of filing | ||||||
18 | his or her statement of economic interests together. These | ||||||
19 | documents shall be filed at the same location as provided in | ||||||
20 | Section 7-12. The electoral boards having jurisdiction under | ||||||
21 | Section 10-9 to hear and pass upon objections to nominating | ||||||
22 | petitions also shall hear and pass upon objections to | ||||||
23 | nomination petitions filed by candidates under this paragraph.
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24 | A candidate for whom a nomination paper has been filed as a | ||||||
25 | partisan
candidate at a primary election, and who is defeated | ||||||
26 | for his or her
nomination at such primary election, is |
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1 | ineligible to be listed on the
ballot at that general or | ||||||
2 | consolidated election as a candidate of another
political | ||||||
3 | party.
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4 | A candidate seeking election to an office for which | ||||||
5 | candidates of
political parties are nominated by caucus who is | ||||||
6 | a participant in the
caucus and who is defeated for his or her | ||||||
7 | nomination at such caucus, is
ineligible to be listed on the | ||||||
8 | ballot at that general or consolidated
election as a candidate | ||||||
9 | of another political party.
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10 | In the proceedings to nominate a candidate to fill a | ||||||
11 | vacancy or to
fill a vacancy in the nomination, each precinct, | ||||||
12 | township, ward, county
or congressional district, as the case | ||||||
13 | may be, shall through its
representative on such central or | ||||||
14 | managing committee, be entitled to one
vote for each ballot | ||||||
15 | voted in such precinct, township, ward, county or
congressional | ||||||
16 | district, as the case may be, by the primary electors of
its | ||||||
17 | party at the primary election immediately preceding the meeting | ||||||
18 | at
which such vacancy is to be filled.
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19 | For purposes of this Section, the words "certify" and | ||||||
20 | "certification"
shall refer to the act of officially declaring | ||||||
21 | the names of candidates
entitled to be printed upon the | ||||||
22 | official ballot at an election and
directing election | ||||||
23 | authorities to place the names of such candidates upon
the | ||||||
24 | official ballot. "Certifying officers or board" shall refer to | ||||||
25 | the
local election official, election authority or the State | ||||||
26 | Board of
Elections, as the case may be, with whom nomination |
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1 | papers, including
certificates of nomination and resolutions | ||||||
2 | to fill vacancies in nomination,
are filed and whose duty it is | ||||||
3 | to "certify" candidates.
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4 | (Source: P.A. 96-809, eff. 1-1-10; 96-848, eff. 1-1-10.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
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