Section 10 ILCS 5/25-3 - Determination of vacancies in elective offices(a) Whenever it is alleged that a vacancy in any office exists, the officer, body, or county board who has authority to fill the vacancy by appointment, or to order an election to fill such vacancy, shall have power to determine whether or not the facts occasioning such vacancy exist.(b) On or before the 141st day previous to the day of election for which judicial candidates are to be nominated: (1) The Chief Justice of the Supreme Court shall certify to the State Board of Elections the names of all judges who have died, resigned, retired or forfeited their office since the last general election and whose vacancies will be filled at the next general election.(2) The secretary of the Illinois Courts Commission shall certify to the State Board of Elections the names of judges who have been removed from office and whose vacancies will be filled at the next general election.(3) The Secretary of State shall certify to the State Board of Elections the names of judges who were eligible to stand for retention at the next general election, but failed to file a declaration of candidacy to succeed themselves in office or, having timely filed such a declaration, withdrew it.(4) The State Board of Elections shall determine whether the General Assembly has created new judgeships which are to be filled at the next general election. If one of the events described in subsection (a) of Section 2A-9 of this Code occurs between the 141st day and the 134th day previous to the day of election for which judicial candidates are to be nominated, the appropriate aforementioned officer shall promptly certify the vacancy to the State Board of Elections.
(c) Except with regard to new judgeships which have been created by the General Assembly, the State Board of Elections may rely upon the certifications from the Supreme Court, the Illinois Courts Commission and the Secretary of State to determine (1) when vacancies in judicial office exist and (2) the judicial positions for which elections are to be held.Amended by P.A. 103-0600,§ 10-5, eff. 7/1/2024.