Bill Text: IL HB3266 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Election Code. In a Section concerning vacancies in the office of Representative in Congress, provides that the Governor shall issue a Writ of Election if the vacancy occurs more than 240 days (instead of 180 days) before the next general election. Provides that the special election shall be held within 180 days (instead of 115 days) after the issuance of the Writ of Election. Provides that the Governor shall temporarily fill the vacancy, by appointment, within 30 days of the issuance of the Writ of Election. Provides that petitions for nomination shall be filed not more than 85 and not less than 82 days prior to the date of the special primary election, except that petitions of independent candidates and candidates of new political parties shall be filed not more than 93 and not less than 90 days prior to the date of the special election. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB3266 Detail]

Download: Illinois-2013-HB3266-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB3266 Introduced , by Rep. Barbara Flynn Currie SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-12 from Ch. 46, par. 7-12
10 ILCS 5/25-7 from Ch. 46, par. 25-7
Amends the Election Code. In a Section concerning vacancies in the office of Representative in Congress, provides that the Governor shall issue a Writ of Election if the vacancy occurs more than 240 days (instead of 180 days) before the next general election. Provides that the special election shall be held within 180 days (instead of 115 days) after the issuance of the Writ of Election. Provides that the Governor shall temporarily fill the vacancy, by appointment, within 30 days of the issuance of the Writ of Election. Provides that petitions for nomination shall be filed not more than 85 and not less than 82 days prior to the date of the special primary election, except that petitions of independent candidates and candidates of new political parties shall be filed not more than 93 and not less than 90 days prior to the date of the special election. 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 Election Code is amended by changing
Sections 7-12 and 25-7 as follows:
(10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
Sec. 7-12. All petitions for nomination shall be filed by
mail or in person as follows:
(1) Where the nomination is to be made for a State,
congressional, or judicial office, or for any office a
nomination for which is made for a territorial division or
district which comprises more than one county or is partly
in one county and partly in another county or counties,
then, except as otherwise provided in this Section, such
petition for nomination shall be filed in the principal
office of the State Board of Elections not more than 113
and not less than 106 days prior to the date of the
primary, but, in the case of petitions for nomination to
fill a vacancy by special election in the office of
representative in Congress from this State, such petition
for nomination shall be filed in the principal office of
the State Board of Elections not more than 85 57 days and
not less than 82 50 days prior to the date of the primary.

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Where a vacancy occurs in the office of Supreme,
Appellate or Circuit Court Judge within the 3-week period
preceding the 106th day before a general primary election,
petitions for nomination for the office in which the
vacancy has occurred shall be filed in the principal office
of the State Board of Elections not more than 92 nor less
than 85 days prior to the date of the general primary
election.
Where the nomination is to be made for delegates or
alternate delegates to a national nominating convention,
then such petition for nomination shall be filed in the
principal office of the State Board of Elections not more
than 113 and not less than 106 days prior to the date of
the primary; provided, however, that if the rules or
policies of a national political party conflict with such
requirements for filing petitions for nomination for
delegates or alternate delegates to a national nominating
convention, the chairman of the State central committee of
such national political party shall notify the Board in
writing, citing by reference the rules or policies of the
national political party in conflict, and in such case the
Board shall direct such petitions to be filed in accordance
with the delegate selection plan adopted by the state
central committee of such national political party.
(2) Where the nomination is to be made for a county
office or trustee of a sanitary district then such petition

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shall be filed in the office of the county clerk not more
than 113 nor less than 106 days prior to the date of the
primary.
(3) Where the nomination is to be made for a municipal
or township office, such petitions for nomination shall be
filed in the office of the local election official, not
more than 99 nor less than 92 days prior to the date of the
primary; provided, where a municipality's or township's
boundaries are coextensive with or are entirely within the
jurisdiction of a municipal board of election
commissioners, the petitions shall be filed in the office
of such board; and provided, that petitions for the office
of multi-township assessor shall be filed with the election
authority.
(4) The petitions of candidates for State central
committeeman shall be filed in the principal office of the
State Board of Elections not more than 113 nor less than
106 days prior to the date of the primary.
(5) Petitions of candidates for precinct, township or
ward committeemen shall be filed in the office of the
county clerk not more than 113 nor less than 106 days prior
to the date of the primary.
(6) The State Board of Elections and the various
election authorities and local election officials with
whom such petitions for nominations are filed shall specify
the place where filings shall be made and upon receipt

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shall endorse thereon the day and hour on which each
petition was filed. All petitions filed by persons waiting
in line as of 8:00 a.m. on the first day for filing, or as
of the normal opening hour of the office involved on such
day, shall be deemed filed as of 8:00 a.m. or the normal
opening hour, as the case may be. Petitions filed by mail
and received after midnight of the first day for filing and
in the first mail delivery or pickup of that day shall be
deemed as filed as of 8:00 a.m. of that day or as of the
normal opening hour of such day, as the case may be. All
petitions received thereafter shall be deemed as filed in
the order of actual receipt. However, 2 or more petitions
filed within the last hour of the filing deadline shall be
deemed filed simultaneously. Where 2 or more petitions are
received simultaneously, the State Board of Elections or
the various election authorities or local election
officials with whom such petitions are filed shall break
ties and determine the order of filing, by means of a
lottery or other fair and impartial method of random
selection approved by the State Board of Elections. Such
lottery shall be conducted within 9 days following the last
day for petition filing and shall be open to the public.
Seven days written notice of the time and place of
conducting such random selection shall be given by the
State Board of Elections to the chairman of the State
central committee of each established political party, and

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by each election authority or local election official, to
the County Chairman of each established political party,
and to each organization of citizens within the election
jurisdiction which was entitled, under this Article, at the
next preceding election, to have pollwatchers present on
the day of election. The State Board of Elections, election
authority or local election official shall post in a
conspicuous, open and public place, at the entrance of the
office, notice of the time and place of such lottery. The
State Board of Elections shall adopt rules and regulations
governing the procedures for the conduct of such lottery.
All candidates shall be certified in the order in which
their petitions have been filed. Where candidates have
filed simultaneously, they shall be certified in the order
determined by lot and prior to candidates who filed for the
same office at a later time.
(7) The State Board of Elections or the appropriate
election authority or local election official with whom
such a petition for nomination is filed shall notify the
person for whom a petition for nomination has been filed of
the obligation to file statements of organization, reports
of campaign contributions, and annual reports of campaign
contributions and expenditures under Article 9 of this Act.
Such notice shall be given in the manner prescribed by
paragraph (7) of Section 9-16 of this Code.
(8) Nomination papers filed under this Section are not

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valid if the candidate named therein fails to file a
statement of economic interests as required by the Illinois
Governmental Ethics Act in relation to his candidacy with
the appropriate officer by the end of the period for the
filing of nomination papers unless he has filed a statement
of economic interests in relation to the same governmental
unit with that officer within a year preceding the date on
which such nomination papers were filed. If the nomination
papers of any candidate and the statement of economic
interest of that candidate are not required to be filed
with the same officer, the candidate must file with the
officer with whom the nomination papers are filed a receipt
from the officer with whom the statement of economic
interests is filed showing the date on which such statement
was filed. Such receipt shall be so filed not later than
the last day on which nomination papers may be filed.
(9) Any person for whom a petition for nomination, or
for committeeman or for delegate or alternate delegate to a
national nominating convention has been filed may cause his
name to be withdrawn by request in writing, signed by him
and duly acknowledged before an officer qualified to take
acknowledgments of deeds, and filed in the principal or
permanent branch office of the State Board of Elections or
with the appropriate election authority or local election
official, not later than the date of certification of
candidates for the consolidated primary or general primary

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ballot. No names so withdrawn shall be certified or printed
on the primary ballot. If petitions for nomination have
been filed for the same person with respect to more than
one political party, his name shall not be certified nor
printed on the primary ballot of any party. If petitions
for nomination have been filed for the same person for 2 or
more offices which are incompatible so that the same person
could not serve in more than one of such offices if
elected, that person must withdraw as a candidate for all
but one of such offices within the 5 business days
following the last day for petition filing. A candidate in
a judicial election may file petitions for nomination for
only one vacancy in a subcircuit and only one vacancy in a
circuit in any one filing period, and if petitions for
nomination have been filed for the same person for 2 or
more vacancies in the same circuit or subcircuit in the
same filing period, his or her name shall be certified only
for the first vacancy for which the petitions for
nomination were filed. If he fails to withdraw as a
candidate for all but one of such offices within such time
his name shall not be certified, nor printed on the primary
ballot, for any office. For the purpose of the foregoing
provisions, an office in a political party is not
incompatible with any other office.
(10)(a) Notwithstanding the provisions of any other
statute, no primary shall be held for an established

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political party in any township, municipality, or ward
thereof, where the nomination of such party for every
office to be voted upon by the electors of such township,
municipality, or ward thereof, is uncontested. Whenever a
political party's nomination of candidates is uncontested
as to one or more, but not all, of the offices to be voted
upon by the electors of a township, municipality, or ward
thereof, then a primary shall be held for that party in
such township, municipality, or ward thereof; provided
that the primary ballot shall not include those offices
within such township, municipality, or ward thereof, for
which the nomination is uncontested. For purposes of this
Article, the nomination of an established political party
of a candidate for election to an office shall be deemed to
be uncontested where not more than the number of persons to
be nominated have timely filed valid nomination papers
seeking the nomination of such party for election to such
office.
(b) Notwithstanding the provisions of any other
statute, no primary election shall be held for an
established political party for any special primary
election called for the purpose of filling a vacancy in the
office of representative in the United States Congress
where the nomination of such political party for said
office is uncontested. For the purposes of this Article,
the nomination of an established political party of a

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candidate for election to said office shall be deemed to be
uncontested where not more than the number of persons to be
nominated have timely filed valid nomination papers
seeking the nomination of such established party for
election to said office. This subsection (b) shall not
apply if such primary election is conducted on a regularly
scheduled election day.
(c) Notwithstanding the provisions in subparagraph (a)
and (b) of this paragraph (10), whenever a person who has
not timely filed valid nomination papers and who intends to
become a write-in candidate for a political party's
nomination for any office for which the nomination is
uncontested files a written statement or notice of that
intent with the State Board of Elections or the local
election official with whom nomination papers for such
office are filed, a primary ballot shall be prepared and a
primary shall be held for that office. Such statement or
notice shall be filed on or before the date established in
this Article for certifying candidates for the primary
ballot. Such statement or notice shall contain (i) the name
and address of the person intending to become a write-in
candidate, (ii) a statement that the person is a qualified
primary elector of the political party from whom the
nomination is sought, (iii) a statement that the person
intends to become a write-in candidate for the party's
nomination, and (iv) the office the person is seeking as a

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write-in candidate. An election authority shall have no
duty to conduct a primary and prepare a primary ballot for
any office for which the nomination is uncontested unless a
statement or notice meeting the requirements of this
Section is filed in a timely manner.
(11) If multiple sets of nomination papers are filed
for a candidate to the same office, the State Board of
Elections, appropriate election authority or local
election official where the petitions are filed shall
within 2 business days notify the candidate of his or her
multiple petition filings and that the candidate has 3
business days after receipt of the notice to notify the
State Board of Elections, appropriate election authority
or local election official that he or she may cancel prior
sets of petitions. If the candidate notifies the State
Board of Elections, appropriate election authority or
local election official, the last set of petitions filed
shall be the only petitions to be considered valid by the
State Board of Elections, election authority or local
election official. If the candidate fails to notify the
State Board of Elections, election authority or local
election official then only the first set of petitions
filed shall be valid and all subsequent petitions shall be
void.
(12) All nominating petitions shall be available for
public inspection and shall be preserved for a period of

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not less than 6 months.
(Source: P.A. 96-1008, eff. 7-6-10; 97-81, eff. 7-5-11;
97-1044, eff. 1-1-13.)
(10 ILCS 5/25-7) (from Ch. 46, par. 25-7)
Sec. 25-7. (a) When any vacancy shall occur in the office
of representative in congress from this state more than 240 180
days before the next general election, the Governor shall issue
a writ of election within 5 days after the occurrence of that
vacancy to the county clerks of the several counties in the
district where the vacancy exists, appointing a day within 180
115 days of issuance of the writ to hold a special election to
fill such vacancy.
(b) Notwithstanding subsection (a) of this Section or any
other law to the contrary, a special election to fill a vacancy
in the office of representative in congress occurring less than
60 days following the 2012 general election shall be held as
provided in this subsection (b). A special primary election
shall be held on February 26, 2013, and a special election
shall be held on April 9, 2013.
Except as provided in this subsection (b), the provisions
of Article 7 of this Code are applicable to petitions for the
special primary election and special election. Petitions for
nomination in accordance with Article 7 shall be filed in the
principal office of the State Board of Elections not more than
85 54 and not less than 82 50 days prior to the date of the

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special primary election, excluding Saturday and Sunday.
Petitions for the nomination of independent candidates and
candidates of new political parties shall be filed in the
principal office of the State Board of Elections not more than
93 68 and not less than 90 64 days prior to the date of the
special election, excluding Saturday and Sunday.
Except as provided in this subsection, the State Board of
Elections shall have authority to establish, in conjunction
with the impacted election authorities, an election calendar
for the special election and special primary.
(c) Within 30 days of the issuance of the Writ of Election,
the Governor shall temporarily fill the vacancy by appointment.
Such appointee shall be affiliated with the same political
party as the person whose vacancy the special election is being
conducted to fill and shall be otherwise qualified to hold the
office of U.S. Representative. The preceding requirement of
political party affiliation shall not apply if the Statement of
Candidacy filed by such person immediately preceding the
vacancy was that of an Independent candidate. The person
appointed to temporarily fill the vacancy shall serve until a
replacement candidate is declared elected at the special
election by the State Board of Elections.
If an election authority is unable to have a sufficient
number of ballots printed so that ballots will be available for
mailing at least 46 days prior to the special primary election
or special election to persons who have filed an application

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for a ballot under the provisions of Article 20 of this Code,
the election authority shall, no later than 45 days prior to
each election, mail to each of those persons a Special Write-in
Absentee Voter's Blank Ballot in accordance with Section
16-5.01 of this Code. The election authority shall advise those
persons that the names of candidates to be nominated or elected
shall be available on the election authority's website and
shall provide a phone number the person may call to request the
names of the candidates for nomination or election.
(Source: P.A. 97-1134, eff. 12-3-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.