ETHICS-PARTISAN APPOINTEES

Illinois General Assembly - Full Text of SB0295

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of SB0295

Home

Legislation

Full Text

SB0295 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Printer Friendly Version

Introduced

Open PDF

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB0295

Introduced 1/24/2025, by Sen. Jil Tracy

SYNOPSIS AS INTRODUCED:

5 ILCS 420/3A-40

Amends the Illinois Governmental Ethics Act. Provides that, for
purposes of determining the partisanship of any person who is appointed by
the Governor to an office that either requires specific partisanship or
limits the number of appointees from a single political party that may be
appointed, the vote of that person in the 3 general primary elections
immediately preceding the effective date of the appointment shall
determine his or her partisanship for that person's term of office.
Provides that a person who did not vote, or who voted but did not request a
partisan ballot, in the 3 general primary elections immediately preceding
the effective date of the appointment or who voted but requested partisan
ballots for 2 or more different political parties in the 3 general primary
elections immediately preceding the effective date of the appointment
shall be deemed an independent for purposes of determining partisanship
for that person's term of office.
LRB104 04087 BDA 14111 b

A BILL FOR

SB0295
LRB104 04087 BDA 14111 b
1

AN ACT concerning government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Governmental Ethics Act is amended
5
by changing Section 3A-40 as follows:

6

(5 ILCS 420/3A-40)
7

Sec. 3A-40.
Appointees with expired terms; temporary and
8
acting appointees.
9

(a) A person who is nominated by the Governor on or after
10
August 26, 2011 (the effective date of Public Act 97-582) for
11
any affected office to which appointment requires the advice
12
and consent of the Senate, who is appointed pursuant to that
13
advice and consent, and whose term of office expires on or
14
after August 26, 2011 shall not continue in office longer than
15
60 calendar days after the expiration of that term of office.
16
After that 60th day, each such office is considered vacant and
17
shall be filled only pursuant to the law applicable to making
18
appointments to that office, subject to the provisions of this
19
Section.
20

A person who has been nominated by the Governor before
21
August 26, 2011 (the effective date of Public Act 97-582) for
22
any affected office to which appointment requires the advice
23
and consent of the Senate, who has been appointed pursuant to

SB0295
- 2 -
LRB104 04087 BDA 14111 b
1
that advice and consent, and whose term of office has expired
2
shall not continue in office longer than 60 calendar days
3
after the date upon which his or her term of office has
4
expired. After that 60 days, each such office is considered
5
vacant and shall be filled only pursuant to the law applicable
6
to making appointments to that office, subject to the
7
provisions of this Section. If the term of office of a person
8
who is subject to this paragraph expires more than 60 calendar
9
days prior to the effective date of this amendatory Act of the
10
97th General Assembly, then that office is considered vacant
11
on the effective date of this amendatory Act of the 97th
12
General Assembly, and that vacancy shall be filled only
13
pursuant to the law applicable to making appointments to that
14
office. For the purposes of this subsection (a), "affected
15
office" means (i) an office in which one receives any form of
16
compensation, including salary or per diem, but not including
17
expense reimbursement, or (ii) membership on the board of
18
trustees of a public university.
19

(b) A person who is appointed by the Governor on or after
20
August 26, 2011 (the effective date of Public Act 97-582) to
21
serve as a temporary appointee during a recess of the Senate,
22
pursuant to Article V, Section 9(b) of the Illinois
23
Constitution or any other applicable statute, to any office to
24
which appointment requires the advice and consent of the
25
Senate shall not continue in office after the next meeting of
26
the Senate unless the Governor has filed a message with the

SB0295
- 3 -
LRB104 04087 BDA 14111 b
1
Secretary of the Senate nominating that person to fill that
2
office on or before that meeting date. After that meeting
3
date, each such office is considered vacant and shall be
4
filled only pursuant to the law applicable to making
5
appointments to that office, subject to the provisions of this
6
Section. Any temporary appointment made pursuant to subsection
7
(b) of Section 9 of Article V of the Illinois Constitution or
8
any applicable statute shall be filed with the Secretary of
9
State and the Secretary of the Senate. The form of the
10
temporary appointment message shall be established by the
11
Senate under its rules.
12

For the purposes of this subsection (b), a meeting of the
13
Senate does not include a perfunctory session day as
14
designated by the Senate under its rules. For the purposes of
15
this subsection (b), the Senate is in recess on a day in which
16
it is not in session and does not include a perfunctory session
17
day as designated by the Senate under its rules.
18

(c) A person who is designated by the Governor on or after
19
August 26, 2011 (the effective date of Public Act 97-582) to
20
serve as an acting appointee to any office to which
21
appointment requires the advice and consent of the Senate
22
shall not continue in office more than 60 calendar days unless
23
the Governor files a message with the Secretary of the Senate
24
nominating that person to fill that office within that 60
25
days. After that 60 days, each such office is considered
26
vacant and shall be filled only pursuant to the law applicable

SB0295
- 4 -
LRB104 04087 BDA 14111 b
1
to making appointments to that office, subject to the
2
provisions of this Section. The Governor shall file with the
3
Secretary of the Senate the name of any person who the Governor
4
designates as an acting appointee under this Section. The form
5
of the message designating an appointee as acting shall be
6
established by the Senate under its rules. No person who has
7
been designated by the Governor to serve as an acting
8
appointee to any office to which appointment requires the
9
advice and consent of the Senate shall, except at the Senate's
10
request, be designated again as an acting appointee for that
11
office at the same session of that Senate, subject to the
12
provisions of this Section.
13

During the term of a General Assembly, the Governor may
14
not designate a person to serve as an acting appointee to any
15
office to which appointment requires the advice and consent of
16
the Senate if that person's nomination to serve as the
17
appointee for the same office was rejected by the Senate of the
18
same General Assembly.
19

For the purposes of this subsection (c), "acting
20
appointee" means a person designated by the Governor to serve
21
as an acting director or acting secretary pursuant to Section
22
5-605 of the Civil Administrative Code of Illinois. "Acting
23
appointee" also means a person designated by the Governor
24
pursuant to any other statute to serve as an acting holder of
25
any office, to execute the duties and functions of any office,
26
or both.

SB0295
- 5 -
LRB104 04087 BDA 14111 b
1

(d) The provisions of this Section apply notwithstanding
2
any law to the contrary. However, the provisions of this
3
Section do not apply to appointments made under Article 1A of
4
the Election Code or to the appointment of any person to serve
5
as Director of the Illinois Power Agency.
6

(e) Except as otherwise provided by law, for purposes of
7
determining the partisanship of any person who is appointed by
8
the Governor to an office that either requires specific
9
partisanship or limits the number of appointees from a single
10
political party that may be appointed, the vote of that person
11
in the 3 general primary elections immediately preceding the
12
effective date of the appointment shall determine that
13
person's partisanship for his or her term of office. A person
14
who did not vote, or who voted but did not request a partisan
15
ballot, in the 3 general primary elections immediately
16
preceding the effective date of the appointment or who voted
17
but requested partisan ballots for 2 or more different
18
political parties in the 3 general primary elections
19
immediately preceding the effective date of the appointment
20
shall be deemed an independent for purposes of determining
21
partisanship for that person's term of office. After being
22
appointed to an office, no person shall be disqualified from
23
continuing in that office during the term for which that
24
person was appointed, or for holding over thereafter, based on
25
that person's voting in a general primary election after his
26
or her appointment.

SB0295
- 6 -
LRB104 04087 BDA 14111 b
1

This subsection (e) shall apply to a person who is
2
nominated by the Governor on or after the effective date of
3
this amendatory Act of the 104th General Assembly and shall
4
apply to all appointments, including those which are acting or
5
temporary.

6
(Source: P.A. 97-582, eff. 8-26-11; 97-719, eff. 6-29-12;
7
98-692, eff. 7-1-14.)

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn