Bill Text: IL SB2289 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Election Code. Provides that when a vacancy occurs in any elective county office, the office of clerk of the circuit court in a county of less than 3,000,000 population that is not a home rule unit, or in the office of an elected member of the county board in a county other than Champaign County that is operating under the county executive form of government under specified provisions of the Counties Code, the appointee shall be a member of and affiliated with the same political party as the person being succeeded, as determined at the time the person being succeeded was elected.
Spectrum: Bipartisan Bill
Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB2289 Detail]
Download: Illinois-2023-SB2289-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 Election Code is amended by changing | |||||||||||||||||||
5 | Section 25-11 as follows:
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6 | (10 ILCS 5/25-11) (from Ch. 46, par. 25-11)
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7 | Sec. 25-11.
Except as otherwise provided in this | |||||||||||||||||||
8 | paragraph, when a vacancy occurs in any elective county | |||||||||||||||||||
9 | office, or in a
county of less than 3,000,000 population in the | |||||||||||||||||||
10 | office of clerk of the circuit
court, in a county which is not | |||||||||||||||||||
11 | a home rule unit, the county board or board
of county | |||||||||||||||||||
12 | commissioners shall declare that such vacancy exists and
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13 | notification thereof
shall be given to the county central | |||||||||||||||||||
14 | committee or the appropriate county board
or board of county | |||||||||||||||||||
15 | commissioners district committee of each established
political | |||||||||||||||||||
16 | party within 3 days of the
occurrence of the vacancy. The | |||||||||||||||||||
17 | vacancy shall be filled
within 60 days by appointment of the | |||||||||||||||||||
18 | chair of the county board
or board of county commissioners | |||||||||||||||||||
19 | with the advice and consent of the county
board or board of | |||||||||||||||||||
20 | county commissioners.
In counties other than Champaign County | |||||||||||||||||||
21 | operating under the county executive form of government under | |||||||||||||||||||
22 | Division 2-5 of the Counties Code, when a vacancy occurs in an | |||||||||||||||||||
23 | elected county office other than in the office of an elected |
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1 | member of the county board, the county executive shall declare | ||||||
2 | that such vacancy exists and then notification of the vacancy | ||||||
3 | shall be given to the county central committee of each | ||||||
4 | established political party within 3 days of the occurrence of | ||||||
5 | the vacancy, and the vacancy shall be filled within 60 days by | ||||||
6 | appointment of the county executive with the advice and | ||||||
7 | consent of the county board. The appointee shall be a member of | ||||||
8 | and affiliated with the same political party as the person | ||||||
9 | being succeeded, as determined at the time the person being | ||||||
10 | succeeded was elected. However, when a vacancy occurs in the | ||||||
11 | office of an elected member of the county board in a county | ||||||
12 | other than Champaign County that is operating under the county | ||||||
13 | executive form of government under Division 2-5 of the | ||||||
14 | Counties Code, the elected county board speaker or county | ||||||
15 | board chair, as the case may be, shall declare that such | ||||||
16 | vacancy exists and then notification shall be given to the | ||||||
17 | appropriate county board district committee of each | ||||||
18 | established political party within 3 days of the occurrence of | ||||||
19 | the vacancy, and the vacancy shall be filled within 60 days by | ||||||
20 | appointment of the elected county board speaker or county | ||||||
21 | board chair, as the case may be, with the advice and consent of | ||||||
22 | the county board. The appointee shall be a member of and | ||||||
23 | affiliated with the same political party as the person being | ||||||
24 | succeeded, as determined at the time the person being | ||||||
25 | succeeded was elected. In Champaign County while operating | ||||||
26 | under the county executive form of government under Division |
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1 | 2-5 of the Counties Code, when a vacancy occurs in an elected | ||||||
2 | county office or in the office of an elected member of the | ||||||
3 | county board, the elected county board speaker or county board | ||||||
4 | chair, as the case may be, shall declare that such vacancy | ||||||
5 | exists and then notification shall be given to the county | ||||||
6 | central committee or the appropriate county board district | ||||||
7 | committee of each established political party within 3 days of | ||||||
8 | the occurrence of the vacancy; and the vacancy shall be filled | ||||||
9 | within 60 days by appointment of the elected county board | ||||||
10 | speaker or county board chair, as the case may be, with the | ||||||
11 | advice and consent of the county board. In counties in which | ||||||
12 | forest preserve district commissioners are
elected by | ||||||
13 | districts and are not also members of the county board, | ||||||
14 | however,
vacancies in the office of forest preserve district | ||||||
15 | commissioner shall be
filled within 60 days by appointment of | ||||||
16 | the president of the forest preserve
district board of | ||||||
17 | commissioners with the advice and consent of the forest
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18 | preserve district board of commissioners. In counties in which | ||||||
19 | the forest
preserve district president is not also a member of | ||||||
20 | the county board, vacancies
in
the office of forest preserve | ||||||
21 | district president shall be filled within 60 days
by the | ||||||
22 | forest preserve district board of commissioners by appointing | ||||||
23 | one of the
commissioners to serve as president.
The appointee
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24 | shall be a member of the same political party as the person he
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25 | succeeds was at the time of his election and shall be otherwise
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26 | eligible to serve.
The appointee shall serve the remainder of |
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1 | the unexpired term. However, if
more than 28 months remain in | ||||||
2 | the term, the appointment shall be until the
next general | ||||||
3 | election at which time the vacated office shall be
filled by | ||||||
4 | election for the remainder of the term. In the
case of a | ||||||
5 | vacancy in a seat on a county board or board of county
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6 | commissioners which
has been divided into districts under | ||||||
7 | Section 2-3003 or 2-4006.5 of
the Counties Code, the appointee | ||||||
8 | must also be a resident of the
county board or county | ||||||
9 | commission district.
If a county commissioner ceases to reside | ||||||
10 | in the district that he or
she represents, a vacancy in that | ||||||
11 | office exists.
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12 | Except as otherwise provided by county ordinance or by | ||||||
13 | law, in
any county which is a home rule unit, vacancies in | ||||||
14 | elective
county offices, other than the office of chief | ||||||
15 | executive officer,
and vacancies in the office of clerk of the | ||||||
16 | circuit court in a county of
less than 3,000,000 population, | ||||||
17 | shall be filled
by the county board or board of county | ||||||
18 | commissioners.
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19 | (Source: P.A. 102-1120, eff. 1-23-23.)
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